Davis v. State’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[Notice of Appeal] shall be sufficient if it shows the desire of the defendant to appeal from the judgment or other appealable order; but if the judgment was rendered upon his plea of guilty or nolo contendere pursuant to Article 1.15, Code of Criminal Procedure, and the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney, in order to prosecute an appeal for a nonjurisdictional defect or error that occurred prior to entry of the plea the notice shall state that the trial court granted permission to appeal or shall specify that those matters were raised by written motion and ruled on before trial. " (Emphasis Supplied).”

   2 later decisions quote this exact passage · from the majority
   e.g. Davis v. State · Montalbo v. State

2. “[I]t shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same.”

   2 later decisions quote this exact passage · from the majority
   e.g. Rhem v. State · Davenport v. State

3. “That a court is vested with appellate jurisdiction ... does authorize it to exercise appellate power. Rule 40(b)(1), while not a jurisdictional limitation, may serve as a procedural bar to certain issues in certain circumstances. Which issues? `Nonjurisdictional defect(s) or error(s) that occurred prior to entry of the plea.' Rule 40(b)(1), supra. Which circumstances? Causes in which proper, timely notice has not been given, i.e., notice which does not state `that the trial court granted permission to appeal or [which] specif(ies) that those matters were raised by written motion and ruled on before trial.' Id. " Lyon , at 742 (Clinton, J., dissenting). Such an issue and such a circumstance are presented by this cause. While appellant complains of an error that occurred before the entry of her plea, she did not give notice that states the alleged error was raised by written motion prior to trial. Thus her complaint is procedurally barred by operation of the "but clause”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. State